Witness Protection Research Articles

Flaws in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – A Critical Study

The successful execution and overall impact of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), may face significant challenges due to various pressing issues. Among these are vague protocols surrounding private arrests, mixed terminology related to police custody, and unclear guidelines regarding community service as a penalty. Furthermore, the BNSS fails to provide clear directions for filing electronic FIRs, employing audio-visual techniques for witness examinations, and outlining the process for reimbursing witness costs. Concerns also arise from the absence of well-defined grounds for bail cancellation, inadequate enforcement of the Witness Protection Scheme, and procedural deficiencies in the collection of forensic evidence. Furthermore, the BNSS fails to address alternative dispute resolution methods and relies on insufficient resources, such as officers' personal mobile phones, for important tasks like video documentation during search and seizure operations. These flaws have the potential to undermine the intended objectives of the BNSS and pose significant operational challenges.

Regulating the Acceptance of Witnesses in Corruption Cases within the Protection Program in the Saudi Law and its Obligations

In light of the development of the means of corruption crimes and the diversity of their methods including the use of modern technology in these crimes, and based on the growing idea of everyone's responsibility to address this crime and their right to do so, considering that the cooperation between members of society and the relevant state institutions is one of the most important ways to confront and address this crime, and since there is a potential threat to those who address reporting or witnessing the commission of these crimes, the Saudi Arabia has issued a new law for the protection of whistleblowers, witnesses, experts and victims, issued by Royal Decree No. (M/148) dated 8/8/1445 AH, which clarifies the mechanism for protecting whistleblowers, witnesses, experts and victims, and how they are subjected to the protection program, their responsibilities, and the forms of protection provided to them. In view of the vital role played by the witness in detecting and combating corruption crimes, and the emergence of a new law in the Kingdom that sets statutory rules for the protection of witnesses, this research aimed to answer a key question, what are the mechanisms for regulating the acceptance of witnesses in corruption cases within the protection program in the Saudi law and what are its obligations? This will be done using the descriptive and analytical research methodology, by studying the legal regulation of the admission of the witness to the witness protection program, and his obligations. The study reached several results, the most important of which are: the development of the Saudi regulation in corruption cases and the application of the necessary guarantees to ensure the protection of human rights, and highlighting the methods of its inclusion within the witness protection program in corruption cases and the limits of the witness's obligations, in the event when requesting for protection is approved.

Types of Legal Protection for Witnesses in Corruption Cases in the Saudi Law

In view of the vital role played by the testimony or witness in detecting and combating corruption crimes, the Saudi Arabia issued a new law for the protection of whistleblowers, witnesses, experts and victims, by Royal Decree No. (M/148) dated 8/8/1445 AH, and since there is a potential threat to those who dare to reporting or witnessing the commission of these crimes, the low dealt with the types and forms of protection provided to them, and this research tries to answer a key question, which is: What types of protections does the Saudi low guarantee to witnesses in corruption cases? This is done by using the descriptive , analytical research methodology, by characterizing and extrapolating the types of protection, and analyzing the texts of the low to identify the types and forms of protection contained therein. The study reached several results, the most important of which are: the interest of the Saudi regulator in protecting witnesses in this type of cases to provide the necessary guarantees for the protection of human rights, as it enacted a set of security, judicial, functional and social guarantees to protect the witness, and organized a number of new measures, including concealing the witness's identity and personal data, not attending him during the trial, and sufficiency, for example, with recordings without the possibility of discussing him.

KEBIJAKAN HUKUM PIDANA TERHADAP PELAKU YANG MELAKUKAN KEKERASAN DIHADAPAN ANAK

The current legal provisions do not yet regulate matters related to children's mental development, for example in cases of violent crimes where the position of children is as a witness. There have not been many studies on criminal law policies towards perpetrators who commit violent crimes against children. This research aims to find out the current policy formulation regarding perpetrators who commit crimes of violence in the presence of children using normative legal research methods which focus on research on the substance of the law, namely on the law currently in force (ius constitutum) and the desired law. aspire (ius constituendum). Regarding policies towards perpetrators who commit violence in front of children in future criminal law, whether in the Criminal Code, the Child Protection Law, the Law on the Elimination of Domestic Violence, the Human Rights Protection Law, the Victim Witness Protection Law, have not yet accommodated acts of violence committed by perpetrators in front of children. specifically (special article), for example, for this act there are criminal penalties that must be imposed on the perpetrator considering that the incident witnessed by the child greatly affects the child's mental health and it is possible that the child's mental health will become disturbed

Kedudukan Hukum Justice Collaborator dalam Sistem Peradilan Pidana di Indonesia

Justice collaborators play an important role in law enforcement. The role or function of a justice collaborator includes disclosing a criminal act or the impending occurrence of a criminal act, so that the return of assets resulting from criminal acts can be achieved to the state, providing information to law enforcement officials, providing testimony in the judicial process. The aim of this research is to analyze the legal position of justice collaborators in the criminal justice legal system in Indonesia. This research uses a type of normative juridical research by analyzing primary, secondary and tertiary legal materials. The results of the research are that the legal position of justice collaborator has a very important role in uncovering a well-organized criminal act, or a particular criminal case, so that the suspect or defendant's request to become a justice collaborator must be granted. considered based on the evidence at trial in this case. It is within the judge's authority to grant the justice collaborator's request, because this will affect the sentence. In conclusion, justice collaborators are not regulated in the criminal procedural law book in Indonesia, but are regulated in Law Number 31 of 2014 concerning Protection of Witnesses and Victims, as well as Joint Regulations for Law Enforcement Officials and Witness and Victim Protection Institutions concerning Protection of Witnesses and Victims. Complainant, Reporting Witness and Perpetrator Witness Working Together.

Tindak Pidana “Obstruction of Justice” dalam Pengaturan Undang-undang Nomor 1 Tahun 2023

Law enforcement efforts must pay attention to the criminal offence of Obstruction of Justice, because it can have an impact on the law enforcement process itself. Thus, this research discusses how the regulation of the criminal offence of Obstruction of Justice in the legislation. The purpose of this research is to understand what actions are included in the category of Obstruction of Justiice. The type of research used is normative legal research. The research data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study suggest that in Law Number 1 Year 2023, the criminal offence of Obstruction of Justice is regulated in more detail in Chapter VI on Criminal Offences Against the Judicial Process, which is divided into three parts: Misdirection of the Judicial Process: Includes falsification of evidence, giving false testimony, and actions that interfere with the judicial process. The maximum sanction is six years imprisonment or a category V fine (Article 278), Disrupting and Obstructing the Judicial Process: Includes disrupting a trial, disobeying a court order, attacking the integrity of the authorities, and obstructing an investigation. The maximum sanction is seven years and six months' imprisonment or a category IV fine. (Articles 279-292), Destruction of Court Buildings, Courtrooms, and Court Equipment: This includes damaging the court building or court equipment which results in the court session not being able to continue. The maximum sanction is five years imprisonment. (Article 293) In addition, Law No. 1 of 2023 also covers the Protection of Witnesses and Victims from Article 294 to Article 299, to ensure safety and justice for witnesses and victims in the judicial process.

Stakeholders’ engagement with law to address gender-based violence in Southwest Nigeria: a qualitative study using normalisation process theory to explore implementation challenges

BackgroundSexual and gender-based violence (SGBV) is a significant issue in Nigeria. In 2015, the Federal Government of Nigeria enacted the Violence Against Persons Prohibition Act (VAPP) to address all forms...

Peran Justice Collaborator dalam Kasus Tindak Pidana Pembunuhan Berencana di Indonesia

Justice collaborators are seen as having a strategic role in bringing to light a criminal incident, but in their development justice collaborators still have pros and cons. Justice collaborator itself can be understood as a witness to a perpetrator who works together to reveal the true facts in a particular criminal act and Justice Collaborator basically has the meaning of giving a term to someone who commits a crime who collaborates with law enforcement officials to reveal the veil of a crime they know about. This justice collaborator is also included in Law 13/2014 concerning the Second Amendment to Law 13/2006 concerning Protection of Witnesses and Victims. Justice collaborator protection is a right inherent in witnesses and victims who assist in investigations in criminal cases, especially in the crime of premeditated murder. However, the protection of justice collaborators, especially in premeditated murder, is not regulated comprehensively by law, so there is a legal vacuum.

Penerapan Kompensasi Terhadap Korban Kejahatan Tindak Pidana Terorisme Studi Kasus Bom Bali

The bombing incident that occurred in Bali in 2002 was a tragedy that attracted world attention, with victims reaching 202 deaths and more than 200 people injured. This tragedy occurred after the hijacked plane crashed into the World Trade Center towers in America in 2001, which increasingly increased global attention to the issue of terrorism. The aim of this research is to examine compensation for victims of terrorist crimes. This research method uses a descriptive qualitative research method with a normative juridical approach using secondary data in the form of documents and books regarding the object of this research, then this research uses 3 types of legal materials in the form of primary legal materials, secondary legal materials and tertiary legal materials. The findings of this research show that in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, victims of criminal acts of terrorism also receive protection for their personal security, family and property, and are free from threats. relating to testimony that will be, is being, or has been given and participating in the process of selecting and determining forms of security protection and support as well as providing information without pressure. Protection for victims of criminal acts of terrorism implemented in Indonesia is based on the 1945 Constitution of the Republic of Indonesia and Law Number 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism. Bali bombing victims have the right to receive legal protection and compensation from the state for the acts of terrorism that occurred. They also receive protection for their personal security, family and property, and are free from threats related to the testimony they will, are giving, or have given.

Snapshots of Ghana’s Contested Restorative Justice Programme

ABSTRACT∞ Ghana’s National Reconciliation Commission (NRC) was established under the administration of President John Agyekum Kufuor (2000–2008) to provide a forum for victims and perpetrators of past human rights violations to testify about their experiences. Despite increasing scholarly interest in the Commission’s work, a set of reparations that the government implemented as a preamble to the hearings remains understudied. Drawing on multi-archival sources, this article examines them, teasing out their social and cultural significance. Further, this article examines a set of witness protection provisions that the government carved out to encourage witnesses to testify, showing their impact on witnesses. This article concludes with an analysis of some coup perpetrators’ perceptions of their own blamelessness, arguing that such sentiments tend to provide the moorings for their proclivity to contest impunity, which is a challenge that truth commissions tend to face, requiring innovative approaches to public truth-telling exercises.

Criminal law and procedural characteristics of war crimes in Ukraine (after the full-scale invasion of the russian federation into Ukraine)

Criminal law and procedural characteristics of war crimes in Ukraine (after the full-scale invasion of the russian federation into Ukraine)

Analisis Pembuktian Pidana Asal dalam Kasus Tindak Pidana Pencucian Uang yang Diatur dalam Undang-Undang: Tinjauan Terhadap Prinsip Hukum dan Implementasi dalam Praktik Hukum di Indonesia

Money laundering is a serious threat to the financial stability and integrity of financial institutions in Indonesia. Proving the origin of criminal proceeds in money laundering cases is a primary focus in law enforcement efforts to combat this illegal activity. This paper provides a review of the legal principles underlying the proof of criminal origin in money laundering cases and discusses their implementation in legal practice in Indonesia.Through literature analysis and case studies, the author highlights the complexity of proving criminal origin in the context of money laundering cases. Challenges include difficulty in tracing complex financial transactions, limitations in adequate legal regulations, and the need for international cooperation for effective exchange of information and evidence. Additionally, the paper emphasizes the importance of meticulous financial analysis as a key instrument in proving the origin of laundered funds. In the context of legal practice implementation in Indonesia, this paper examines the efforts of the government and law enforcement agencies in handling money laundering cases. Despite steps taken to enhance law enforcement effectiveness, there are still challenges to be addressed, such as lack of coordination between agencies, protection of witnesses and informants, and the expertise required for complex financial analysis. Considering the relevant legal principles and challenges faced in legal practice in Indonesia, this paper concludes the need for greater efforts to enhance the capacity of law enforcement agencies, improve international cooperation, and strengthen regulatory frameworks to ensure the effectiveness of proving the criminal origin in money laundering cases in Indonesia.

Implementasi Hak Restitusi Korban Tindak Pidana Kekerasan Seksual

Sexual violence in Indonesia is increasingly prevalent, both against men and women. Victims of sexual violence have the right to restitution that must be fulfilled by law enforcement officials. However, the implementation is still not optimal if you look at the decision 80/Pid.Sus/2023/PN Kik. Therefore, this research examines the fulfillment of restitution rights for victims of sexual violence from the perspective of legal protection theory. This research uses legal research methods using statutory, conceptual, and case approaches. Decision Number 80/Pid.Sus/2023/PN Kik still does not implement the fulfillment of restitution for victims of sexual violence, which should be the obligation of the judge to determine the amount of restitution that will later be given. This is not in line with the theory of legal protection put forward by Satjipto Rahardjo and Philpus M. Hadjon. The lack of awareness of law enforcement officials to fulfill victims of sexual violence requires the protection of witnesses and victims with the Witness and Victim Companion Program.

Additional Legal Protection for Corruption Whistleblowers

Corruption represents a breach of the economic rights of society, elevating it beyond mere criminality to the status of an extraordinary offense. Therefore, safeguarding the rights of individuals who report instances of corruption is necessary to ensure their protection. As law enforcement officers, Prosecutors hold the authority to provide legal protection to whistleblowers of corruption, as stipulated in Law Number 13 of 2006 concerning the Protection of Witnesses and Victims (LPSK). Among the various legal protections provided to whistleblowers, maintaining the confidentiality of their identity stands out as the utmost priority. This protection is crucial to ensure effective law enforcement. Hence, safeguarding whistleblowers is important, and to formalize this, law enforcement should be empowered to provide them with the necessary protection.

PERLINDUNGAN HUKUM TERHADAP SAKSI DAN KORBAN PENCABULAN MENURUT UU NO 31 TAHUN 2014

Abstract
 
 Protection for witnesses and victims is a form of government in protecting or providing security for witnesses and victims before and after giving testimony in a criminal case that they have seen and experienced themselves. Meanwhile, fornication is any type of act that violates decency and decency or can also be a vile act that falls within the realm of lust, such as touching the genitals, kissing, touching the breasts and so on. Researchers are required to understand the principles in the applicable laws and regulations that have been established in addition to using a conceptual approach so that in this writing they can be found in the laws. The results of this research show that: (a) Legal protection is an illustration of the working of the legal function to realize legal goals, namely justice. Benefits and legal certainty. Legal protection is protection given to legal subjects in accordance with legal regulations, both in the form of preventive (prevention) and in the form of recessive (coercion), both written and unwritten in the context of enforcing legal regulations. (b) The form of legal protection for witnesses and victims is the view of citizens or society that in a government regulation there must be protection for every person who provides information for the purpose of investigation. Based on the above, this research recommends: The government and the authorities in providing protection services to witnesses and victims, especially victims of sexual abuse, need to consider stricter and more effective protection services provided to witnesses and victims of sexual abuse.
 
 Keywords: Obscenity, Legal Protection, Witnesses and Victims.

Honour Killings in Pakistan: Legal Perspectives and Reforms

This investigation delves into the pervasive issue of honour killings in Pakistan, examining its legal intricacies and proposing comprehensive reforms. Despite existing legal provisions within the Pakistan Penal Code, the implementation faces substantial challenges, including legal loopholes, societal pressures, and inadequate protection measures. Proposed reforms include enhancing legal clarity, fostering societal awareness through educational initiatives, implementing witness protection programs, expediting judicial processes, fostering collaboration with NGOs, and establishing counselling and support services. The proposed reforms collectively aim to create a nuanced and holistic strategy to combat honour-based violence. By addressing legal shortcomings, challenging ingrained cultural norms, ensuring protection, fostering collaboration, and providing compassionate support services, these measures strive to reshape Pakistan's societal landscape. The success of these reforms relies on the commitment of legal authorities, civil society, and the broader community to foster lasting change, ultimately creating a society where justice, equality, and human rights triumph over the tragic legacy of honour-based violence.

Criminal Act of Severe Assault by PS Towards M Reviewed Under Law Number 13 of 2006 jo Law Number 31 of 2014 Concerning the Protection of Witnesses and Victims

This research aims to analyze the Criminal Act of Severe Assault by PS towards M based on Law Number 13 of 2006 jo Law Number 31 of 2014 concerning the Protection of Witnesses and Victims. The research method used is a juridical normative legal research type with a statute and conceptual approach. The primary data source is primary legal materials such as the Criminal Code and the Law on the Protection of Witnesses and Victims. The results of the research indicate the urgency of protecting witnesses and victims of criminal acts in criminal law as an effort to uphold human rights. Protection for victims of severe assault crimes needs to be strengthened through clear and effective regulations to provide a sense of security and justice for the victims. In conclusion, the protection of witnesses and victims of criminal acts is an integral part of the criminal justice system aimed at providing justice, preventing threats, and ensuring the fulfillment of victims' rights. Further efforts are needed to strengthen the protection of victims of criminal acts, including severe assault crimes, in accordance with legal principles and human rights.

Legal Protection of Children as Victims of Sexual Exploitation

The government has accommodated children's rights in Law Number 39 of 1999 concerning Human Rights which is an umbrella act for all forms of human rights protection in Indonesia, including children's rights. Commercial Sexual Exploitation of Children (CSEC) in girls where girls are easily persuaded, is sold at a high selling value. Consumers assume that girls are cleaner from venereal diseases and not too many suffer from them. Children who are victims of CSEC are entitled to legal protection from law enforcement, the government and the state to ensure that children's rights remain unfulfilled. Normatively, the rights of CSEC victims are adequately protected by Law Number 23 of 2002 concerning Child Protection (Articles 4-20). In this case, the protection of children's rights has acquired a stronger legal basis, because in more detail the rights and obligations of the child's executors have been regulated in such a way, including their criminal provisions. Children of CSEC victims receive special protection through Article 59 and Article 64 paragraph (3) of Law No. 23/2002. In addition to Article 5 of Law Number 13 of 2006 concerning the Protection of Witnesses and Victims

PERLINDUNGAN HUKUM TERHADAP JUSTICE COLLABORATOR TINDAK PIDANA KORUPSI DI INDONESIA DAN JERMAN

A justice collaborator can be threatened because of his testimony to uncover major crimes such as criminal acts of corruption, so a regulation is needed that specifically, clearly and definitely provides protection for a justice collaborator. This research was carried out using a normative juridical research type, which is an approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations related to this research. The approaches taken are the statutory approach, the analytical approach and the comparative approach. Provisions regarding the protection of justice collaborators are contained in various regulations, but there are no regulations that specifically, clearly and firmly regulate the protection and procedural arrangements for determining a justice collaborator. The handling of protection for justice collaborators in Germany is handled by the Witness Protection Unit Office

Reoptimalisasi Perlindungan Hukum Saksi Pelapor (Whisteblower) Dalam Tindak Pidana Korupsi

The protection of whistleblower witnesses (whistleblower) in handling corruption crimes is still an unresolved problem to date. Referring to the LPSK report, there was a rapid increase in the number of complaints in 2021, with the number of corruptions also increasing and requiring immediate resolution. Amid the complexity of these demands, both the LPSK and the KPK have not been able to effectively provide guaranteed protection for witnesses reporting corruption crimes. As a result, there are still many cases that cause victims, whether whistleblower witnesses who died, were criminalized, or received threats and intimidation. In fact, in criminal procedural law in Indonesia, witness statements are part of valid evidence. For this reason, the government needs to increase efforts to protect whistleblower witnesses as mandated in Law No.13 of 2006 concerning Witness and Victim Protection. This research uses juridical-normative methods, and seeks to present solutions in policy making to optimize efforts to protect witnesses reporting corruption crimes in Indonesia.